Trodden v Fairfax Media Publication Pty Ltd [2013] NSWSC 1148

Trodden v Fairfax Media Publication Pty Ltd [2013] NSWSC 1148

The defendants' contextual imputations were either imprecise or merely a variation of the plaintiff's pleaded imputations and therefore not properly sustainable as contextual imputations within the meaning of section 26(a) of the Defamation Act 2005; they were liable to be struck out.

Parties
Plaintiff: David William Trodden; First Defendant: Fairfax Media Publications Pty Ltd; Second Defendant: Fairfax Digital Australia and New Zealand Pty Ltd; Third Defendant: Kelly Burke
Jurisdiction
Australia
Judgment Date
06 August 2013
Procedural Posture
Defamation Proceedings / Interlocutory Application for Strike Out of Defence
Outcome
Application granted; defendants' contextual imputations struck out and costs awarded to plaintiff.
Legal Topics
Contextual Truth Defence, Contextual Imputations, Strike Out Application, Section 26(a) Defamation Act 2005
Defamation Contextual Truth Defence Contextual Imputations Strike Out Application Section 26(a) Defamation Act 2005

Case Brief

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Parties

David William Trodden

Plaintiff

Fairfax Media Publications Pty Ltd

First Defendant

Fairfax Digital Australia and New Zealand Pty Ltd

Second Defendant

Kelly Burke

Third Defendant

Procedural Posture

Defamation Proceedings / Interlocutory Application for Strike Out of Defence

Legal Issues

  1. 1 Whether the defendants' pleaded contextual imputations are capable of arising or are bad in form
  2. 2 Whether the contextual imputations are capable of amounting to a contextual imputation within the meaning of s 26(a) of the Defamation Act 2005

Ratio Decidendi

The defendants' contextual imputations were either imprecise or merely a variation of the plaintiff's pleaded imputations and therefore not properly sustainable as contextual imputations within the meaning of section 26(a) of the Defamation Act 2005; they were liable to be struck out.

Court Disposition

Application granted; defendants' contextual imputations struck out and costs awarded to plaintiff.

Orders

  • That contextual imputations (i) and (ii) be struck out.
  • That the defendants pay the plaintiff's costs of the application.